[Need help!] Stripped Lower receiver legal issue.
Results 1 to 13 of 13

Thread: [Need help!] Stripped Lower receiver legal issue.

  1. #1
    Join Date
    Oct 2016
    Posts
    6

    Question [Need help!] Stripped Lower receiver legal issue.

    Okay, here is my story. I am 20 years old and what to build my first AR. I purchase a lower without knowing you have to be 21 because it can potentially turn into a pistol. [Title 18, U.S.C., section 922 (b)(1)].


    I know this is completely my fault for not doing the research, but I do not want to just return it due to the shipping fee + restocking fee is twice of the transfer fee. After doing a lot of research myself afterward. I came up a couple of different options and I want to know if they are legal or not.


    Question 1: Is it legal that I purchased this as a gift. My friend who is over 21 DO the transfer and he can keep it FOREVER. I am not sure if this count as the straw purchase, but since he is the intent owner I will say this is not straw purchase?


    Question 2: My friend do the transfer and own the lower receiver. He puts a 16 inch upper on it and turning it into a rifle. Can he then sell the rifle to me? Since the ATF said once a lower receiver has made into a rifle it will forever stay as a rifle, then it is totally legal for me to purchase it as a private sale. Is that true?


    Question 3: My friend do the transfer and own the lower receiver. He gets to keep it forever, and he will sell HIS lower to me. Is that legal?

    Question 4: Can my friend build a AR for me when I am just providing money?
    Last edited by JARRYC; 01-23-2017 at 06:09 PM.

  2. #2
    Join Date
    Dec 1969
    Posts
    498

    Default

    I believe the answer to all suggestions, 1 through 4, is that they are all illegal.

    My personal view, which is not legal advice, is shut your mouth and build it. The more you talk about it the greater the chance you will get busted.

    Vlad

  3. #3
    Join Date
    Oct 2016
    Posts
    6

    Default

    Quote Originally Posted by Vladymere View Post
    I believe the answer to all suggestions, 1 through 4, is that they are all illegal.

    My personal view, which is not legal advice, is shut your mouth and build it. The more you talk about it the greater the chance you will get busted.

    Vlad
    I decided not to bother with it anymore and I will build it until I turn 21. It not worth going to jail for this. but thanks for replying anyway.

  4. Remove Advertisements
    GunBoards.com
    Advertisements
     

  5. #4
    Join Date
    Jul 2009
    Location
    Eastpointe (formerly East Detroit), Michigan
    Posts
    727

    Default

    Could've joined the military at 18 and been handed an M4 and an M9...you can smoke all the tobacco you want at 18, but can't have a beer until you're 21. The AR lower rule is ridiculous, as you can go to the gun store and purchase a fully assembled rifle at 18, but you can't purchase the bare lower until you're 21.

    Too many stupid laws...if you're old enough to serve in the military, you should be afforded all the same rights as any other "adult" (ie. 21+).

  6. #5
    Join Date
    May 2012
    Posts
    64

    Default

    I would agree. It is an inane law. Still, it is law.
    I am not a lawyer, and I didn't even stay at a Holiday Inn last night, but I can say is, you may still have a way.

    I'm not versed in Michigan law, but I do know that as far as federal law goes, you cannot buy from an FFL dealer until you are 21 years of age.
    However, you ARE allowed to purchase from an individual at 18 years old.

    Check your local and state laws.
    You may very well be legal to purchase your stripped lower from an individual.

    Good luck.
    NRA Basic Pistol/Refuse to be a Victim Instructor
    NRA Benefactor-Life member
    Dormant U.S.Marine

  7. #6
    Join Date
    Jul 2009
    Location
    Eastpointe (formerly East Detroit), Michigan
    Posts
    727

    Default

    OP doesn't list his location, but yes, here in MI you can buy an AR lower (as long as it is not marked "pistol") from an individual (private sale) at 18. If it is intended to be used as a pistol, it must be registered as such. I purchased a few from fellow statesmen that bought them as "Hillary insurance".

  8. #7
    Join Date
    Dec 1969
    Location
    York, PA
    Posts
    765

    Default

    Quote Originally Posted by mudoven View Post
    OP doesn't list his location, but yes, here in MI you can buy an AR lower (as long as it is not marked "pistol") from an individual (private sale) at 18. If it is intended to be used as a pistol, it must be registered as such. I purchased a few from fellow statesmen that bought them as "Hillary insurance".
    *not legal advice*
    I asked my FFL about the pistol/rifle issue when I bought my Hillary Insurance lower. I was advised that a stripped multi-cal lower is "Shroedingers cat" until built. The worst thing you can do is comment on the transfer paperwork regarding pistol/rifle. Stripped lowers are stripped lowers until they are built (they are a component). If it is registered as a pistol, its a pistol. If its registered as a rifle, its a rifle. if it is a stripped lower.... it is whatever it is when you "open the box" (it is the whatever the upper/stock is). You cannot, however combine an "illegal" combination without proper paperwork.

    If you sell the complete pistol/rifle, it of course has to be transferred in the configuration it is assembled as.

    I was not aware of the 21 year old rule for lowers, or purchase from an FFL, I started collecting after I was 21.
    The only problem with collections, is they keep getting bigger.
    Member Since Fall 2006.
    "The Constitution? I'm pretty sure the patriot act destroyed that to ensure our freedom"
    -Bart Simpson
    Minutemen were Americas FIRST, and will be Americas last, Defenders.

  9. #8
    Join Date
    Dec 1969
    Location
    Beach Va, not Va Beach
    Posts
    22,684

    Default

    Quote Originally Posted by JARRYC View Post
    Okay, here is my story. I am 20 years old and what to build my first AR. I purchase a lower without knowing you have to be 21 because it can potentially turn into a pistol. [Title 18, U.S.C., section 922 (b)(1)].


    I know this is completely my fault for not doing the research, but I do not want to just return it due to the shipping fee + restocking fee is twice of the transfer fee. After doing a lot of research myself afterward. I came up a couple of different options and I want to know if they are legal or not.


    Question 1: Is it legal that I purchased this as a gift. My friend who is over 21 DO the transfer and he can keep it FOREVER. I am not sure if this count as the straw purchase, but since he is the intent owner I will say this is not straw purchase?


    Question 2: My friend do the transfer and own the lower receiver. He puts a 16 inch upper on it and turning it into a rifle. Can he then sell the rifle to me? Since the ATF said once a lower receiver has made into a rifle it will forever stay as a rifle, then it is totally legal for me to purchase it as a private sale. Is that true?


    Question 3: My friend do the transfer and own the lower receiver. He gets to keep it forever, and he will sell HIS lower to me. Is that legal?

    Question 4: Can my friend build a AR for me when I am just providing money?
    is this receiver still at the dealer??, or did you do the paperwork and take it home?
    what's so funny about peace love and understanding?

  10. #9
    Join Date
    Feb 2013
    Location
    Platte City, MO
    Posts
    992

    Default

    Quote Originally Posted by Lyman1903 View Post
    is this receiver still at the dealer??, or did you do the paperwork and take it home?
    Thats what I was wondering, did he complete the transfer? If so I'd carry on with my life and do what I want.

  11. #10
    Join Date
    Sep 2007
    Location
    Unknown
    Posts
    3,145

    Default

    I will never understand why people ask legal and/or medical questions on a forum full of anonymous people.
    Fine Print:
    The preceeding opinion should be considered only as an opinion and not legal advice. In no event will the poster, Unbekannt, be held liable to any party for any damages arising in any way out of the availability, use, reliance on or inability to use poster's opinion or any information provided by or through the poster, or for any claim attributable to errors, omissions or other inaccuracies in, or destructive properties of any information provided by or through the poster.

  12. #11
    Join Date
    Nov 2010
    Location
    Frozen North
    Posts
    13,949

    Default

    Quote Originally Posted by JARRYC View Post
    I decided not to bother with it anymore and I will build it until I turn 21. It not worth going to jail for this. but thanks for replying anyway.

    Simple solution is to buy a cheap AR (on sale ~450) and build it out how you want, start with a decent lower
    you might actually be ahead if you sell off the pulled parts
    Live, learn and be happy.
    Vic

  13. #12
    Join Date
    Dec 1969
    Location
    Body farm
    Posts
    37,935

    Default

    Some other options: ask the dealer to simply sell it on consignment, or take in your rifle stock, screw it on and then have the dealer transfer it as a rifle (this was OK as per my BATF agent a few years ago).
    When your smiling the whole world smiles with you

  14. #13
    Join Date
    Nov 2007
    Location
    WA state, rainy side
    Posts
    6,031

    Default

    Check with the dealer to see how the papaerwork is written up by the dealer, then go ftom there.
    ...iam pridem, ex quo suffragia nulli uendimus, effudit curas;
    nam qui dabat olim imperium, fasces, legiones, omnia, nunc se
    continet atque duas tantum res anxius optat,
    panem et circenses...

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •